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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

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Bombay High Court Allows Tenant's Appeal Against Demolition Order in MMC Act Case — Failure to Issue Notice to Owner and Lack of Personal Hearing Violates Natural Justice. Tenant in Possession Since Prior to 1987 Entitled to Hearing Before Demolition Under Section 351 of MMC Act.

The appellant, a tenant in possession of premises since prior to 1987, challenged a show cause notice under Section 351 of the Mumbai Municipal Corpor...

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High Court of Bombay at Goa Dismisses State Appeal in Land Title Suit — Upholds Declaration of Ownership and Injunction Against Revenue Authorities. Government Officials Cannot Unilaterally Alter Land Records Without Adjudication of Title Under Specific Relief Act, 1963.

The case involves an appeal by the State of Goa and its officers against a judgment and decree dated 1.4.2005 passed by the Additional District Judge,...

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Bombay High Court Allows Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. Time Was Not the Essence of Contract, but Plaintiff's Conduct Showed Lack of Readiness and Willingness, Hence Decree for Specific Performance Set Aside.

The case involves two first appeals arising from a common judgment and decree dated 10.1.2008 passed by the III Joint Civil Judge, Senior Division, Na...

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Bombay High Court Dismisses Petition Challenging Eviction of Tenant for Subletting and Unauthorised Assignment. Transfer of Property Act, 1882 Section 106 Notice Upheld as Valid.

The case involves a dispute over eviction of a tenant from premises in Mumbai. The original landlord, Mr. N.V. Baliga, owned a building at 257, Frere ...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Notice Under Slum Act — Petitioner Failed to Show Cause. Petitioner did not respond to show cause notice under Section 33 of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, making writ petition premature.

The petitioner, Ashok Mahadeo Palvankar, filed a writ petition in the Bombay High Court challenging a notice dated 2.12.2004 issued under Section 33 o...

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Bombay High Court Allows Second Appeal in Property Dispute — Finds Concurrent Findings Not Perverse. The Court held that the compromise decree in earlier suit operated as res judicata and that the defendants failed to prove adverse possession.

The case involves a second appeal filed by the defendants-appellants against the judgment and decree of the District Judge, Solapur, confirming the de...